I don't think Sotomayor's dissent is particularly convincing because you need a new law that hasn't been yet been invalidated for each instance of retaliation against journalists or general 1A violations. And plugging this loophole with QI would put police in a weird situation where they're having to best guess based on some legal test if a law is constitutional or else open themselves to a lawsuit. I would be happy if this loophole could be plugged cleanly but I think the harm is theoretical enough that the 5th circuit's ruling is acceptable. I would rather a streamlined system to strike these laws down without needing to have them be enforced first rather than messing with QI. Then the ACLU and the likes can file a bunch of lawsuits making the QI issue moot as they'll already be declared unconstitutional before they're ever used.